BILL NUMBER: AB 1486 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 23, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Member Charles Calderon
(Principal coauthor: Senator Steinberg)
(Coauthor: Assembly Member Saldana)
FEBRUARY 23, 2007
An act to amend Sections 728, 805, and 4990 of, and to add Chapter
16 (commencing with Section 4999.10) to Division 2 of, the Business
and Professions Code, and to amend Section 11165.7 of the Penal
Code, relating to professional counselors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1486, as amended, Charles Calderon. Licensed professional
counselors.
Existing law provides for the licensure and regulation of marriage
and family therapists and clinical social workers by the
Board of Behavioral Sciences, in the Department of Consumer Affairs.
Under existing law, the Board of Behavioral Sciences consists of 11
members.
This bill would provide for the licensure or registration and
regulation of licensed professional counselors and interns by the
Board of Behavioral Sciences. The bill would add 4 additional members
to the board, to be appointed by the Governor. The bill would enact
various provisions concerning the practice of licensed professional
counselors, interns, and counselor trainees, including,
but not limited to, practice requirements, and enforcement
specifications. The bill would authorize the issuance of licenses
between October 1, 2008, and March 31, 2009, to individuals who meet
certain criteria. The bill would authorize the board to begin
accepting applications for intern registration on January 1, 2009,
and for professional counselor licensure on January 1, 2010. The bill
would authorize the board to impose specified fees on licensed
professional counselors and interns which would be deposited in the
Behavioral Sciences Fund to carry out the provisions of the bill. The
bill would provide that the startup costs of the program shall be
funded by a loan from the Behavioral Sciences Fund, upon
appropriation by the Legislature. The bill would provide that a
violation of its provisions is a misdemeanor. By creating a new
crime, the bill would impose a state-mandated local program.
Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. Failure to report an incident is a crime punishable
by imprisonment in a county jail for a period of 6 months, a fine of
up to $1,000, or by both that imprisonment and fine.
This bill would add licensed professional counselors to the list
of individuals who are mandated reporters. By imposing the reporting
requirement on a new class of persons, the violation of which would
be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 728 of the Business and Professions Code is
amended to read:
728. (a) Any psychotherapist or employer of a psychotherapist who
becomes aware through a patient that the patient had alleged sexual
intercourse or alleged sexual contact with a previous psychotherapist
during the course of a prior treatment, shall provide to the patient
a brochure promulgated by the department that delineates the rights
of, and remedies for, patients who have been involved sexually with
their psychotherapist. Further, the psychotherapist or employer shall
discuss with the patient the brochure prepared by the department.
(b) Failure to comply with this section constitutes unprofessional
conduct.
(c) For the purpose of this section, the following definitions
apply:
(1) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry or practicing psychotherapy, a
psychologist, a clinical social worker, a marriage and family
therapist, a licensed professional counselor, a psychological
assistant, a marriage and family therapist registered intern or
trainee, an intern or trainee as specified in Chapter 16 (commencing
with Section 4999.10), or an associate clinical social worker.
(2) "Sexual contact" means the touching of an intimate part of
another person.
(3) "Intimate part" and "touching" have the same meaning as
defined in subdivisions (f) and (d), respectively, of Section 243.4
of the Penal Code.
(4) "The course of a prior treatment" means the period of time
during which a patient first commences treatment for services that a
psychotherapist is authorized to provide under his or her scope of
practice, or that the psychotherapist represents to the patient as
being within his or her scope of practice, until the
psychotherapist-patient relationship is terminated.
SEC. 2. Section 805 of the Business and Professions Code is
amended to read:
805. (a) As used in this section, the following terms have the
following definitions:
(1) "Peer review body" includes:
(A) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
(B) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(C) Any medical, psychological, marriage and family therapy,
social work, licensed professional counseling, dental, or podiatric
professional society having as members at least 25 percent of the
eligible licentiates in the area in which it functions (which must
include at least one county), which is not organized for profit and
which has been determined to be exempt from taxes pursuant to Section
23701 of the Revenue and Taxation Code.
(D) A committee organized by any entity consisting of or employing
more than 25 licentiates of the same class that functions for the
purpose of reviewing the quality of professional care provided by
members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, podiatrist,
clinical psychologist, marriage and family therapist, clinical social
worker, licensed professional counselor, or dentist. "Licentiate"
also includes a person authorized to practice medicine pursuant to
Section 2113.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date of
any of the following that occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after any of the following
occur after notice of either an impending investigation or the denial
or rejection of the application for a medical disciplinary cause or
reason:
(1) Resignation or leave of absence from membership, staff, or
employment.
(2) The withdrawal or abandonment of a licentiate's application
for staff privileges or membership.
(3) The request for renewal of those privileges or membership is
withdrawn or abandoned.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information pursuant to Section 800, shall be sent by the peer review
body to the licentiate named in the report.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
(i) An 805 report shall be maintained by an agency for
dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
(l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
(m) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
SEC. 3. Section 4990 of the Business and Professions Code is
amended to read:
4990. (a) There is in the Department of Consumer Affairs, a Board
of Behavioral Sciences that consists of 15 members composed as
follows:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) Two licensed professional counselors.
(5) Eight public members.
(b) Each member, except the eight public members, shall have at
least two years of experience in his or her profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint six of the public members and the
seven licensed members with the advice and consent of the Senate. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member.
(e) Each member of the board shall be appointed for a term of four
years. A member appointed by the Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment and
qualification of his or her successor or until one year from the
expiration date of the term for which he or she was appointed,
whichever first occurs. Pursuant to Section 1774 of the Government
Code, a member appointed by the Governor shall hold office until the
appointment and qualification of his or her successor or until 60
days from the expiration date of the term for which he or she was
appointed, whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the
unexpired term by the authority who appointed the member whose
membership was vacated.
(g) Not later than the first of June of each calendar year, the
board shall elect a chairperson and a vice chairperson from its
membership.
(h) Each member of the board shall receive a per diem and
reimbursement of expenses as provided in Section 103.
(i) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 4. Chapter 16 (commencing with Section 4999.10) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 16. LICENSED PROFESSIONAL COUNSELORS
Article 1. Administration
4999.10. This chapter constitutes, and may be cited as, the
Licensed Professional Counselor Act.
4999.12. For purposes of this chapter, the following terms have
the following meanings:
(a) "Board" means the Board of Behavioral Sciences.
(b) "Accredited" means a school, college, or university accredited
by the Western Association of Schools and Colleges, or its
equivalent regional accrediting association.
(c) "Approved" means a school, college, or university that
possessed unconditional approval by the Bureau for Private
Postsecondary and Vocational Education at the time of the applicant's
graduation from the school, college, or university.
(d) "Applicant" means an unlicensed person who has completed a
master's or doctoral degree program, as specified in Section 4999.32,
and whose application for registration as an intern is pending or
who is in the examination process, or an unlicensed person who has
completed the requirements for licensure specified in this chapter,
is no longer registered with the board as an intern, and is currently
in the examination process.
(e) "Licensed professional counselor" or "LPC" means a person
licensed under this chapter to practice professional counseling, as
defined in Section 4999.20.
(f) "Intern" means an unlicensed person who meets the requirements
of Section 4999.42 and is registered with the board.
(g) "Trainee" "Counselor trainee"
means an unlicensed person who is currently enrolled in a master's or
doctoral degree program, as specified in Section 4999.32, that is
designed to qualify him or her for licensure under this chapter, and
who has completed no less than 12 semester units or 18 quarter units
of coursework in any qualifying degree program.
(h) "Approved supervisor" means an individual who meets the
following requirements:
(1) Has documented two years of clinical experience as a licensed
professional counselor, licensed marriage and family therapist,
licensed clinical psychologist, licensed clinical social worker, or
licensed physician and surgeon who is certified in psychiatry by the
American Board of Psychiatry and Neurology.
(2) Has received professional training in supervision.
(3) Has not provided therapeutic services to the counselor
trainee or intern.
(4) Has a current and valid license that is not under suspension
or probation.
(i) "Professional enrichment activities" includes the following:
(1) Workshops, seminars, training sessions, or conferences
directly related to professional counseling attended by the applicant
and approved by the applicant's supervisor.
(2) Participation by the applicant in group, marital or conjoint,
family, or individual psychotherapy by an appropriately licensed
professional.
(j) "Advertising" or "advertise" includes, but is not limited to,
the issuance of any card, sign, or device to any person, or the
causing, permitting, or allowing of any sign or marking on, or in,
any building or structure, or in any newspaper or magazine or in any
directory, or any printed matter whatsoever, with or without any
limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
(k) "Assessment" means selecting, administering, scoring, and
interpreting psychological and educational instruments
tests, instruments, and other tools and
methods designed to assess measure
an individual's attitudes, abilities, aptitudes,
achievements, interests, personal characteristics, disabilities, and
mental, emotional, and behavioral disorders
concerns and development and the use of methods and techniques
for understanding human behavior in relation to coping with, adapting
to, or changing life situations. to, or
ameliorating changing life situations, as part of the counseling
process.
(l) "Consulting" means the application of scientific principles
and procedures in counseling and human development to provide
assistance in understanding and solving current or potential problems
that the consultee may have in relation to a third party, be it an
individual, a group, or an organization.
(m)
(l) "Counseling interventions" means the application of
cognitive, affective, behavioral, or holistic counseling strategies
that include principles of development, wellness, and pathology that
reflect a pluralistic society. Such interventions are specifically
implemented in the context of a professional counseling relationship
and use a variety of counseling theories and approaches.
(n)
(m) "Referral" means evaluating and identifying the
needs of a client to determine whether it is advisable to refer the
client to other specialists, informing the client of that judgment,
and communicating that determination as requested or deemed
appropriate to referral sources.
(o)
(n) "Research" means a systematic effort to collect,
analyze, and interpret quantitative and qualitative data that
describes how social characteristics, behavior, emotion, cognitions,
disabilities, mental disorders, and interpersonal transactions among
individuals and organizations interact.
(p)
(o) "Supervision" includes the following:
(1) Ensuring that the extent, kind, and quality of counseling
performed is consistent with the education, training, and experience
of the person being supervised.
(2) Reviewing client or patient records, monitoring and evaluating
assessment, diagnosis, and treatment decisions of the counselor
trainee.
(3) Monitoring and evaluating the ability of the intern or
counselor trainee to provide services to the particular
clientele at the site or sites where he or she will be practicing.
(4) Ensuring compliance with laws and regulations governing the
practice of licensed professional counseling.
(5) That amount of direct observation, or review of audio or video
tapes of counseling or therapy, as deemed appropriate by
the supervisor.
4999.14. The board shall do all of the following:
(a) Communicate information about its activities, the requirements
and qualifications for licensure, and the practice of professional
counseling to the relevant educational institutions, supervisors,
professional associations, applicants, counselor trainees,
interns, and the public.
(b) Develop policies and procedures to assist educational
institutions in meeting the educational qualifications of Section
4999.32.
Article 2. Scope of Practice
4999.20. (a) Professional counseling means the application of
psychotherapeutic techniques and mental health or human developmental
principles through assessment, cognitive, affective, behavioral,
verbal or nonverbal, or systemic intervention strategies, consistent
with scope and coursework and training required in subdivision (c) of
Section 4999.32, and Sections 4999.38 and 4999.46 that address
wellness, personal growth, adjustment to disability, crisis
intervention, as well as pathology, and empower individuals to deal
adequately with life situations, reduce stress, experience growth,
and make well-informed, rational decisions.
(b) Professional counselors are restricted to the use of specific
methods, techniques, or modalities for which they have the
appropriate education and training and may only engage in
assessment activities for which they are qualified by education and
training . Professional counselors shall refer clients to other
mental health licensed health care
professionals when they identify issues beyond their own scope of
education, training, supervision, and experience.
4999.22. (a) Nothing in this chapter shall prevent qualified
persons from doing work of a psychosocial nature consistent with the
standards and ethics of their respective professions. However, these
qualified persons shall not hold themselves out to the public by any
title or description of services incorporating the words
licensed professional counselor "licensed professional
counselor" and shall not state that they are licensed to
practice professional counseling , unless they are otherwise
licensed to provide counseling services .
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw provisions of the Medical Practice Act, the
Clinical Social Worker Practice Act, the Nursing Practice Act, the
Psychology Licensing Law, or marriage and family therapy
the Marriage and Family Therapy licensing laws.
(c) This chapter shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination who performs counseling
services as part of his or her pastoral or professional duties, or to
any person who is admitted to practice law in this state, or who is
licensed to practice medicine, who provides counseling services as
part of his or her professional practice.
(d) This chapter shall not apply to an employee of a governmental
entity or of a school, college, or university, or of an institution
both nonprofit and charitable, if his or her practice is performed
solely under the supervision of the entity, school, or organization
by which he or she is employed, and if he or she performs those
functions as part of the position for which he or she is employed.
(e) All persons registered as interns or licensed under this
chapter shall not be exempt from this chapter or the jurisdiction of
the board.
4999.24. Nothing in this chapter shall restrict or prevent
activities of a psychotherapeutic or counseling nature on
the part of persons employed by accredited or state-approved academic
institutions, public schools, government agencies, or nonprofit
institutions engaged in the training of graduate students or
counselor trainees pursuing a course of study leading to a
degree that qualifies for professional counselor licensure at an
accredited or state-approved college or university, or working in a
recognized training program, provided that these activities and
services constitute a part of a supervised course of study and that
those persons are designated by a title such as "trainee"
"counselor trainee" or other title clearly
indicating the training status appropriate to the level of training.
Article 3. Licensure
4999.30. Except as otherwise provided in this chapter, a person
shall not practice or advertise the performance of professional
counseling services without a license issued by the board, and shall
pay the license fee required by this chapter.
4999.32. The educational qualifications for licensure as a
professional counselor include all of the following:
(a) A master's or doctoral degree in counseling, or a closely
related degree that meets the requirements specified in paragraph
(3) of subdivision (c) , obtained from an accredited or
approved institution.
(b) Not less than 48 graduate semester units or 72 graduate
quarter units of instruction. On January 1, 2013, the minimum number
of graduate units required shall increase to 60 semester units or 90
quarter units, and shall include a 48 graduate semester unit or 72
graduate quarter unit master's or doctoral degree.
(c) The 48 graduate semester units or 72 graduate quarter units
shall include all of the following:
(1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in each of following areas:
(A) Counseling and psychotherapeutic theories and techniques.
(B) Human growth and development across the lifespan, including
normal and abnormal behavior.
(C) Career development theories and techniques.
(D) Group counseling theories and techniques.
(E) Assessment, appraisal, and testing of individuals.
(F) Multicultural counseling theories and techniques.
(G) Principles of diagnosis, treatment planning, and prevention of
mental and emotional disorders and dysfunctional behavior, including
the use of the American Psychiatric Association's "Diagnostic and
Statistical Manual of Mental Disorders."
(H) Research and evaluation.
(I) Professional orientation, ethics, and law in counseling.
(2) Additional coursework including special treatment issues and
special population issues, as well as supervised clinical practicum
or field study experience, as defined in paragraph (4).
(3) The master's or doctoral degree shall contain at least seven
of the nine courses listed in subparagraphs (A) through (I) of
paragraph (1).
(A) An applicant whose degree is deficient in the required areas
of study or in the required units pursuant to this section may
satisfy the requirements by successfully completing postmaster's or
postdoctoral degree coursework at an accredited or approved
institution.
(B) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (I), inclusive, of paragraph
(1) shall be the equivalent of three semester units or four and
one-half quarter units of study. Coursework taken beyond the required
areas of study shall include counseling modalities or treatment with
special populations.
(C) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accredidation.
(4) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical or counseling setting that provides a range of
professional counseling experience, including the following:
(A) Applied psychotherapeutic techniques.
(B) Assessment.
(C) Diagnosis.
(D) Prognosis.
(E) Treatment.
(F) Issues of development, adjustment, and maladjustment.
(G) Health and wellness promotion.
(H) Other recognized counseling interventions.
(I) A minimum of 150 hours of face-to-face supervised experience
counseling individuals, families, or groups. On January 1, 2013, the
minimum number of hours of face-to-face supervised
experience shall increase to 280 hours.
4999.34. A counselor trainee may be credited with
predegree supervised practicum and field study experience completed
in a setting that meets all of the following requirements:
(a) Lawfully and regularly provides counseling or
and psychotherapy.
(b) Provides oversight to ensure that the counselor
trainee's work at the setting meets the practicum and field study
experience and requirements set forth in this chapter and is within
the scope of practice for licensed professional counselors.
(c) Is not a private practice.
(d) Experience may be gained by the counselor trainee
solely as part of the position for which the counselor
trainee volunteers or is employed.
4999.36. (a) Trainees A counselor trainee
may perform activities and services provided that the
activities and services constitute part of the counselor
trainee's supervised course of study and that the person is
designated by the title "trainee." "counselor
trainee."
(b) All practicum and field study hours gained as a counselor
trainee shall be coordinated between the school and the site
where hours are being accrued. The school shall approve each site and
shall have a written agreement with each site that details each
party's responsibilities, including the methods by which supervision
shall be provided. The agreement shall provide for regular progress
reports and evaluations of the student's performance at the site.
(c) If an applicant has gained practicum and field study hours
while enrolled in an institution other than the one that confers the
qualifying degree, it shall be the applicant's responsibility to
provide to the board satisfactory evidence that those practicum and
field study hours were gained in compliance with this section.
(d) A counselor trainee shall inform each client or
patient, prior to performing any professional services, that he or
she is unlicensed and under supervision.
(e) No hours earned while a counselor trainee may count
toward the 3,000 hours of postdegree internship hours.
(f) A counselor trainee shall receive at least one hour
of individual or triadic supervision and one and one-half
two hours of group supervision for each week the
counselor trainee sees clients, for a total of
two and one-half three hours of supervision per
week. For purposes of this subdivision, "individual supervision"
means face-to-face contact with the supervisor alone, "triadic
supervision" means face-to-face contact with the supervisor and one
other counselor trainee, and "group supervision" means
face-to-face contact with the supervisor in a group of not more than
10 persons.
4999.38. In addition to the educational requirements of Section
4999.32, all applicants shall complete the following coursework or
training prior to licensure:
4999.38. (a) All applicants shall complete the
following coursework or training prior to registration as an intern:
(a)
(1) Instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework in a
master's or doctoral degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester unit
or 72 quarter unit requirement in subdivision (b) of Section 4999.32.
This subdivision paragraph applies to
those individuals who began graduate study on or after January 1,
1986.
(b)
(2) A minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 25, and any
regulations promulgated thereunder. When coursework in a master's or
doctoral degree program is acquired to satisfy this requirement, it
shall be considered as part of the 48 semester unit or 72 quarter
unit requirement in subdivision (b) of Section 4999.32.
(c) A minimum of a two semester unit or three quarter unit survey
course in psychological testing. This subdivision applies to
individuals who began graduate study on or after January 1, 2001. The
requirement added by this subdivision is intended to improve the
educational qualifications for licensure in order to better prepare
future licentiates for practice, and is not intended in any way to
expand or restrict the scope of licensure for professional
counselors.
(d)
(3) A two semester unit or three quarter unit survey
course in psychopharmacology. This subdivision
paragraph applies to individuals who began graduate study
on or after January 1, 2001. After January 1, 2013, this requirement
shall expand to a three semester unit or four and one-half quarter
unit course and include the biological bases for behavior.
The requirement added by this subdivision This
requirement is intended to improve the educational
qualifications for licensure in order to better prepare future
licentiates for practice, and is not intended in any way to expand or
restrict the scope of licensure for professional counselors.
(e)
(4) Coursework in spousal or partner abuse assessment,
detection, and intervention strategies, including knowledge of
community resources, cultural factors, and same gender abuse
dynamics. This subdivision paragraph
shall apply to individuals who began graduate study on or after
January 1, 1995. Applicants who began graduate study on or after
January 1, 2004, shall complete a minimum of 15 contact hours of
coursework to satisfy this requirement.
(f)
(5) A minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 28 and any regulations adopted thereunder.
(g)
(6) A minimum of two semester unit or three quarter
units in California law and professional ethics for professional
counselors, which shall include, but not be limited to, the following
areas of study:
(1)
(A) Contemporary professional ethics and statutory,
regulatory, and decisional law that delineates the profession's scope
of practice.
(2)
(B) The therapeutic, clinical, and practical
considerations involved in the legal and ethical practice of
professional counseling.
(3)
(C) The current legal patterns and trends in the mental
health profession professions .
(4)
(D) The psychotherapist-patient privilege,
confidentiality, the patient dangerous to self or others, and the
treatment of minors with and without parental consent.
(5)
(E) A recognition and exploration of the relationship
between a practitioner's sense of self and human values and his or
her professional behavior and ethics.
(h)
(7) A minimum of 10 contact hours of coursework in
aging and long-term care, which may include, but is not limited to,
the biological, social, and psychological aspects of aging. This
paragraph shall apply to individuals who began graduate study on or
after January 1, 2004.
(1)
(b) Coursework taken in fulfillment of other
educational requirements for licensure as a professional counselor,
or in a separate course of study, may, at the discretion of the
board, fulfill the requirements of this subdivision
subdivision (a) .
(2) This subdivision shall apply to individuals who began graduate
study on or after January 1, 2004.
4999.40. (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirements of Section 4999.32 and shall
certify to the board that it has so notified its students.
(b) An applicant trained at an educational institution outside the
United States shall demonstrate to the satisfaction of the board
that he or she possesses a qualifying degree that is equivalent to a
degree earned from an institution of higher education that is
accredited or approved. These applicants shall provide the board with
a comprehensive evaluation of the degree performed by a foreign
credential evaluation service that is a member of the National
Association of Credential Evaluation Services and shall provide any
other documentation the board deems necessary.
4999.42. (a) To qualify for registration as an intern, an
applicant shall have all of the following qualifications:
(1) The applicant shall have earned a master's or doctoral degree
as specified in Section 4999.32 and shall have completed the
coursework or training specified in Section 4999.38 .
(2) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480.
(3) The board shall not issue a registration to any person who has
been convicted of a crime in this or another state or in a territory
of the United States that involves sexual abuse of children or who
is required to register pursuant to Section 290 of the Penal Code or
the equivalent in another state or territory.
(b) The board shall begin accepting applications for intern
registration on January 1, 2009.
4999.44. (a) An intern may be credited with supervised experience
completed in any setting that meets all of the following
requirements:
(1) Lawfully and regularly provides counseling or psychotherapy.
(2) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as specified in Article 2 (commencing with Section
4999.20).
(3) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(4) An intern shall not be employed or volunteer in a private
practice until registered as an intern.
4999.45. An intern employed under this chapter shall:
(a) Not perform any duties, except for those services provided as
a counselor trainee, until registered as an intern.
(b) Not be employed or volunteer in a private practice until
registered as an intern.
(c) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(d) File for renewal annually for a maximum of five years after
initial registration with the board.
(e) Cease continued employment as an intern after six years unless
the requirements of subdivision (f) are met.
(f) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration. An applicant issued a
subsequent intern registration pursuant to this subdivision may be
employed or volunteer in any allowable work setting except private
practice.
4999.46. (a) Each applicant for licensure shall complete
experience under the general supervision of an approved supervisor as
defined in Section 4999.12.
(b) The experience shall include the following:
(1) A minimum of 3,000 postdegree hours of supervised experience
related to the practice of professional counseling, performed over a
period of not less than two years (104 weeks) which shall include:
(A) Not more than 40 hours in any seven consecutive days.
(B) Not less than 1,750 hours of direct counseling with
individuals or groups in a clinical or counseling setting using a
variety of psychotherapeutic techniques and recognized counseling
interventions within the scope of practice of licensed professional
counselors.
(C) Not less than 150 hours of experience in a hospital or
community mental health setting.
(D) Not more than 1,000 hours of direct supervisor contact and
professional enrichment activities.
(E) Not more than 500 hours of experience providing group therapy
or group counseling.
(F) Not more than 250 hours of experience administering and
evaluating psychological tests of counselees, writing clinical
reports, writing progress notes, or writing process notes.
(G) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(H) No hours of experience may be gained more than six years prior
to the date the application for licensure was filed.
(c) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
(d) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional counseling. At no time shall a supervisor supervise more
than two interns.
(e) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting.
(1) No more than than five hours of supervision, whether
individual or group, shall be credited during any single week.
(2) An intern shall receive an average of at least one hour of
direct supervisor contact for every 10 hours of client contact in
each setting.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons.
4999.47. (a) Trainees, Counselor
trainees, interns, and applicants shall perform services as an
employee or as a volunteer, not as an independent contractor.
The requirements of this chapter regarding gaining hours of
experience and supervision are applicable equally to employees and
volunteers.
(b) Trainees, Counselor trainees,
interns, and applicants shall not receive any remuneration from
patients or clients, and shall only be paid by their employers.
(c) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
(d) Trainees, Counselor trainees,
interns, and applicants who provide voluntary services or other
services, and who receive no more than a total, from all work
settings, of five hundred dollars ($500) per month as reimbursement
for expenses actually incurred by those counselor
trainees, interns, and applicants for services rendered in any lawful
work setting other than a private practice shall be considered an
employee and not an independent contractor.
(e) The board may audit a trainee, intern,
an intern or applicant who receives reimbursement for expenses
and the trainee, intern, intern or
applicant shall have the burden of demonstrating that the payments
received were for reimbursement of expenses actually incurred.
(f) Trainees, Counselor trainees,
interns, and applicants shall only perform services at the place
where their employer regularly conducts business and services, which
may include other locations, as long as the services are performed
under the direction and control of the employer and supervisor in
compliance with the laws and regulations pertaining to supervision.
Trainees, Counselor trainees, interns,
and applicants shall have no proprietary interest in the employer's
business.
(g) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and counselor trainees regarding the
advisability of undertaking individual, marital or conjoint, family,
or group counseling or psychotherapy, as appropriate. Insofar as it
is deemed appropriate and is desired by the applicant, the
educational institution and supervisors are encouraged to assist the
applicant in locating that counseling or psychotherapy at a
reasonable cost.
4999.48. The board shall adopt regulations regarding the
supervision of interns which may include, but not be limited to, the
following:
(a) Supervisor qualifications.
(b) Continuing education requirements of supervisors.
(c) Registration or licensing of supervisors, or both.
(d) General responsibilities of supervisors.
(e) The board's authority in cases of noncompliance or gross
or repeated negligence by supervisors.
4999.50. (a) The board may issue a license in
professional counseling professional counselor license
to any person who meets all of the following requirements:
(1) He or she has received a master's or doctoral degree in
counseling, or a closely related degree, as provided in Section
4999.32, from an institution that is accredited or approved.
(2) He or she has completed 3,000 hours of supervised experience
in the practice of professional counseling as provided in Section
4999.46.
(3) He or she provides evidence of a passing score, as determined
by the board, on examinations approved by the board.
(4) He or she meets the board's regulatory requirements for
professional counselor licensure, including the following:
(A) The applicant has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.
(B) The board shall not issue a license to any person who has been
convicted of a crime in this or another state or in a territory of
the United States that involves sexual abuse of children or who is
required to register pursuant to Section 290 of the Penal Code or the
equivalent in another state or territory.
(C) He or she has passed a fingerprint check by submitting
Live Scan fingerprint images to the Department of Justice .
(b) The board may issue a license to any person who, at the time
of application, has held for at least two years, a valid license as a
professional counselor, or an equivalent title, in another
jurisdiction of the United States, if the education and supervised
experience requirements are substantially equivalent to this chapter,
and the person has successfully completed an examination
the examinations as specified in paragraph (3)
of subdivision (a) and has paid the required fees.
(c) An applicant who has satisfied the requirements of this
chapter shall be issued a license as a professional counselor in the
form that the board may deem appropriate.
(d) The board shall begin accepting applications for licensure on
January 1, 2010.
4999.52. (a) Every applicant for a license as a professional
counselor shall be examined by the board pursuant to paragraph (3) of
subdivision (a) of Section 4999.50. The board shall examine the
candidate with regard to his or her knowledge and professional skills
and his or her judgment in the utilization of appropriate techniques
and methods.
(b) The examination examinations
shall be given at least twice a year at a time and place and under
supervision as the board may determine.
(c) (1) It is the intent of the Legislature that a
national licensing examination
examinations , such as the National Counselor Examination for
Licensure and Certification (NCE) and the National Clinical Mental
Health Counselor Examination (NCMHCE), be evaluated by the board as
a requirement requirements for
licensure as a professional counselor.
(2) The board shall evaluate various national examinations in
order to determine whether they meet the prevailing standards for the
validation and use of licensing and certification tests in
California, as determined by the Office of Examination Resources of
the Department of Consumer Affairs.
(3) Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(4) If national examinations do not meet the standards specified
in paragraph (2), then the board may develop and require a
supplemental examination in addition to national examinations. Under
these circumstances, national examinations, as well as a supplemental
examination developed by the board, are required for licensure as a
professional counselor pursuant to paragraph (3) of subdivision (a)
of Section 4999.50 and this section.
(d) The board shall not deny any applicant who has submitted a
complete application for examination admission to the licensure
examination examinations required by
this section if the applicant meets the educational and experience
requirements of this chapter, and has not committed any acts or
engaged in any conduct that would constitute grounds to deny
licensure.
(e) The board shall not deny any applicant whose application for
licensure is complete, admission to the examination
examinations , nor shall the board postpone or
delay any applicant's examination
examinations or delay informing the candidate of the results of
the examination examinations , solely
upon the receipt by the board of a complaint alleging acts or conduct
that would constitute grounds to deny licensure.
(f) If an applicant for examination is the subject of a complaint
or is under board investigation for acts or conduct that, if proven
to be true, would constitute grounds for the board to deny licensure,
the board shall permit the applicant to take the
examination examinations , but may notify the
applicant that licensure will not be granted pending completion of
the investigation.
(g) Notwithstanding Section 135, the board may deny any applicant
who has previously failed an examination permission to retake that
examination pending completion of the investigation of any complaints
against the applicant.
(h) Nothing in this section shall prohibit the board from denying
an applicant admission to any examination, withholding the results,
or refusing to issue a license to any applicant when an accusation or
statement of issues has been filed against the applicant pursuant to
Section 11503 or 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485.
(i) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
4999.54. Notwithstanding Section 4999.50, the board may issue a
license to any person who submits an application for a license
between October 1, 2008, and March 31, 2009, provided that all
documentation is submitted within 12 months of the board's evaluation
of the application, and provided he or she meets one of the
following sets of criteria:
(a) He or she meets all of the following requirements:
(1) Has a master's or doctoral degree in counseling, or a closely
related degree, from a school, college, or university as specified in
Section 4999.32. Closely related degrees are degrees that include
the minimum core coursework required in this section. If the person's
degree does not include all the graduate coursework in all nine
subject areas as required by paragraph (1) of subdivision
(c) of Section 4999.32, a person shall provide documentation that he
or she has completed the required coursework postdegree. Any
A qualifying degree must include the supervised
practicum or field study experience as required in paragraph (4) of
subdivision (c) of Section 4999.32.
(A) A counselor educator whose degree contains at least seven of
the nine required courses shall be given credit for a course not
contained in the degree if the counselor educator provides
documentation that he or she has taught the equivalent of the
required course in a graduate program in counseling or a related
area.
(A) Degrees issued prior to 1996, minimum of 30 semester units or
45 quarter units, shall include at least five of the nine required
(B) Degrees
issued prior to 1996 shall include a minimum of 30 semester units or
45 quarter units and at least five of the nine required
courses specified in paragraph (1) of subdivision (c) of Section
4999.32. The total number of units shall be no less than 48 semester
units or 72 quarter units.
(B) Degrees issued in 1996 and after, minimum of 48 semester units
or 72 quarter units, shall include at least seven of the nine
(C) Degrees issued in 1996 and after
shall include a minimum of 48 semester units or 72 quarter units and
at least seven of the nine courses specified in paragraph (1)
of subdivision (c) of Section 4999.32.
(2) Coursework required outside the degree program
Additional coursework as required by Section
4999.38.
(3) Has at least two years, full-time or the equivalent,
postdegree counseling experience, that includes at least 1,000 hours
of direct client contact experience supervised by a licensed mental
health professional, or a certified master's level counselor
or therapist master's level counselor or therapist
who is certified by a national certifying or registering
organization, including, but not limited to, the National Board for
Certified Counselors or the Commission on Rehabilitation Counselor
Certification .
(4) Has a passing score on the following examinations:
(A) The National Counselor Examination for Licensure and
Certification or the Certified Rehabilitation Counselor Examination.
(B) The National Clinical Mental Health Counselor Examination.
(b) Is currently licensed as a marriage and family therapist in
the State of California and meets the coursework requirements
described in paragraph (1) of subdivision (a).
(c) Is currently licensed as a clinical social worker in the State
of California and meets the coursework requirements described in
paragraph (1) of subdivision (a) and the examination
requirements described in paragraph (4) of subdivision (a).
paragraph (1) of subdivision (a).
4999.56. A license issued under subdivision (a) or (c)
of Section 4999.54 shall be valid for six years from the
issuance date of the initial license. After this six-year period, it
shall be canceled unless the licensee obtains a licensure renewal.
The board shall begin accepting applications for licensure renewal on
January 1, 2010. A person applying for licensure renewal shall pass
the examinations specified in Section 4999.52, which are required for
licensure on and after July 1, 2009, or document that he or she has
already passed those examinations.
Article 4. Practice Requirements
4999.70. A licensee shall display his or her license in a
conspicuous place in his or her primary place of practice.
4999.72. Any licensed professional counselor who conducts a
private practice under a fictitious business name shall not use any
name that is false, misleading, or deceptive, and shall inform the
patient, prior to the commencement of treatment, the name and license
designation of the owner or owners of the practice.
4999.74. Licensed professional counselors shall provide to
each client an accurate and informative document containing
all of the following:
(a) The fee schedule listed by type of service or hourly rate.
(b) An explanation of the limits of confidentiality.
(c) The words, "This information is required by the Board of
Behavioral Sciences which regulates all licensed professional
counselors."
(d) The name,
address, and telephone number of the board. each client
accurate information about the counseling relationship and the
counseling process.
4999.76. (a) Except as provided in subdivision (c), the board
shall not renew any license pursuant to this chapter unless the
applicant certifies to the board, on a form prescribed by the board,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of professional
counseling in the preceding two years, as determined by the board.
(b) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completed
continuing education coursework for a minimum of two years and shall
make these records available to the board for auditing purposes upon
request.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause, as defined by
the board.
(d) The continuing education shall be obtained from one of the
following sources:
(1) A school, college, or university that meets the requirements
set forth in subdivision (a) of Section 4999.32. Nothing in this
paragraph shall be construed as requiring coursework to be offered as
part of a regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional counseling association, a licensed health
facility, a governmental entity, a continuing education unit of a
four-year institution of higher learning that is accredited or
approved, or a mental health professional association, approved by
the board.
(e) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (d), shall adhere to procedures established by
the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of professional counseling.
(2) Significant recent developments in the discipline of
professional counseling.
(3) Aspects of other disciplines that enhance the understanding or
the practice of professional counseling.
(g) A system of continuing education for licensed professional
counselors shall include courses directly related to the diagnosis,
assessment, and treatment of the client population being served.
(h) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For the purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (d)
shall be deemed to be an approved provider.
(i) The continuing education requirements of this section shall
fully comply with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
Article 5. Enforcement
4999.80. In order to carry out the provisions of this chapter,
the board shall do all of the following:
(a) Enforce laws designed to protect the public from incompetent,
unethical, or unprofessional practitioners.
(b) Investigate complaints concerning the conduct of any licensed
professional counselor.
(c) Revoke, suspend, or fail to renew a license that it has
authority to issue for just cause, as enumerated in rules and
regulations of the board. The board may deny, suspend, or revoke any
license granted under this chapter pursuant to Section 480, 481, 484,
496, 498, or 499.
4999.82. It shall be unlawful for any person to engage in any of
the following acts:
(a) Engage in the practice of professional counseling, as defined
in Section 4999.20, without first having complied with the provisions
of this chapter and without holding a valid license as required by
this chapter.
(b) Represent himself or herself by the title "licensed
professional counselor," "LPC," "licensed counselor," or
"professional counselor" without being duly licensed according to the
provisions of this chapter.
(c) Make any use of any title, words, letters, or abbreviations,
that may reasonably be confused with a designation provided by this
chapter to denote a standard of professional or occupational
competence without being duly licensed.
(d) Materially refuse to furnish the board information or records
required or requested pursuant to this chapter.
4999.84. It is the intent of the Legislature that any
communication made by a person to a licensed professional counselor
in the course of professional services shall be deemed a privileged
communication.
4999.86. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both that fine and
imprisonment.
4999.88. In addition to other proceedings provided in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, an offense
against this chapter, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction, or other appropriate order, restraining
such conduct on application of the board, the Attorney General, or
the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
4999.90. The board may refuse to issue any registration or
license, or may suspend or revoke the registration or license of any
intern or licensed professional counselor, if the applicant,
licensee, or registrant has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022, or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any
other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing licensed professional counseling services.
(d) Gross negligence or incompetence in the performance of
licensed professional counseling services.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee or registrant, allowing any other person to use his or her
license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a licensed
professional counselor.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any counselor
trainee or intern under supervision to perform, any professional
services beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any intern or counselor
trainee by any licensee that violates this chapter or any
rules or regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a counselor trainee or intern under one'
s supervision or control to perform, or permitting the counselor
trainee or intern to hold himself or herself out as competent
to perform, professional services beyond the counselor
trainee's or intern's level of education, training, or experience.
(u) The violation of any statute or regulation of the standards of
the profession, and the nature of the services being rendered,
governing the gaining and supervision of experience required by this
chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failing to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Repeated acts of negligence.
Article 6. Revenue
4999.100. (a) An intern registration shall expire one year from
the last day of the month in which it was issued.
(b) To renew a registration, the registrant shall, on or before
the expiration date of the registration, do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the registrant's last
renewal.
4999.102. (a) Licenses issued under this chapter shall expire no
more than 24 months after the issue date. The expiration date of the
original license shall be set by the board.
(b) To renew an unexpired license, the licensee, on or before the
expiration date of the license, shall do all of the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
4999.104. A license that has expired may be renewed at any time
within three years of expiration. To renew an expired license, the
licensee shall do all of the following:
(a) File an application for renewal on a form prescribed by the
board.
(b) Pay all fees that would have been paid if the license had not
become delinquent.
(c) Pay all delinquency fees.
(d) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(e) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
4999.106. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued,
except that a former licensee may apply for and obtain a new license
if he or she complies with all of the following:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(b) He or she takes and passes the current examination
examinations required for licensing.
(c) He or she submits an application for initial licensure.
4999.108. A suspended license is subject to expiration and shall
be renewed as provided in this article, but that renewal does not
entitle the licensee, while it remains suspended and until it is
reinstated, to engage in the activity to which the license relates,
or in any other activity or conduct in violation of the order or
judgment by which it was suspended.
4999.110. A revoked license is subject to expiration as provided
in this article, but it may not be renewed. If it is reinstated after
its expiration, the licensee shall, as a condition precedent to its
reinstatement, pay a reinstatement fee in an amount equal to the
renewal fee in effect on the last regular renewal date before the
date on which it is reinstated, plus the delinquency fee, if any,
accrued at the time of its revocation.
4999.112. (a) A licensed professional counselor may apply to the
board to request that his or her license be placed on inactive
status. A licensee who holds an inactive license shall do all of the
following:
(1) Pay a biennial fee of one-half of the active renewal fee.
(2) Be exempt from continuing education requirements.
(3) Not engage in the practice of professional counseling in this
state.
(4) Otherwise be subject to this chapter.
(b) A licensee on inactive status may have his or her license
reactivated by complying with all of the following:
(1) Submitting a request to the board.
(2) Certifying that he or she has not committed any acts or crimes
constituting grounds for denial of licensure.
(3) Paying the remaining one-half of the renewal fee.
(4) Completing the following continuing education requirements:
(A) Eighteen hours of continuing education is required within the
two years preceding the date of the request for reactivation if the
license will expire less than one year from the date of the request
for reactivation.
(B) Thirty-six hours of continuing education is required within
the two years preceding the date of the request for reactivation if
the license will expire more than one year from the date of the
request for reactivation.
4999.114. The board shall report each month to the Controller the
amount and source of all revenue received pursuant to this chapter
and at the same time deposit the entire amount thereof in the State
Treasury for credit to the Behavioral Sciences Fund.
4999.116. (a) The moneys credited to the Behavioral Sciences Fund
under Section 4999.114 shall, upon appropriation by the Legislature,
be used for the purposes of carrying out and enforcing the
provisions of this chapter.
(b) The board shall keep records that will reasonably ensure that
funds expended in the administration of each licensing or
registration category bear a reasonable relation to the revenue
derived from each category, and shall so notify the department no
later than May 31 of each year.
(c) Surpluses, if any, may be used in a way so as to bear a
reasonable relation to the revenue derived from each category, and
may include, but not be limited to, expenditures for education and
research related to each of the licensing or registration categories.
4999.118. A licensee or registrant shall give written notice to
the board of a name change within 30 days after each change, giving
both the old and new names. A copy of the legal document authorizing
the name change, such as a court order or marriage certificate, shall
be submitted with the notice.
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter.
4999.122. The professional counselor licensing program shall be
supported from fees assessed to applicants, interns, and licensees.
Startup funds to implement this program shall be derived, as a loan,
from the reserve fund of the Board of Behavioral Sciences, subject to
an appropriation by the Legislature in the annual Budget Act. The
board shall not be required to implement this chapter until funds
have been appropriated.
SEC. 5. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the California
Department of Education, whose duties bring the employee into
contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist,
dentist, resident, intern, podiatrist, chiropractor, licensed nurse,
dental hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) A licensed professional counselor, as defined in Section
4999.12 of the Business and Professions Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 5. SEC. 6. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.